Hanging Matters: Petty Theft, Sentence of Death, and a Lost Statute of Edward I

This article discusses an important aspect of the law relating to theft in thirteenth-century England, and one of the ways in which that law developed. Central to it is the argument that the treatise The Mirror of Justices and references in court records and reports show that a short statute enacted early in the reign of Edward I, probably in 1278, categorically defined 12d. as the amount, whether in goods or money, at which larceny became a capital felony, incurring judgment of death. As well as setting out the evidence for this hitherto overlooked ordinance, the article also argues that the statute can be associated with some significant developments in the way petty theft was treated subsequently. In particular it had the effect of promoting the development of penal imprisonment, while since the task of valuation was given to trial juries, it further enhanced the leading role of the latter in determining the fates of the men and women whose lives depended on their verdicts.

Policing Jim Crow America: Enforcers’ Agency and Structural Transformations

This is a critical historiographical essay animated by the research question of how the decisions of police and sheriffs illuminated and drove the transformation of white supremacy through different forms from emancipation to the end of Jim Crow segregation. It situates this focus amidst current methodological trends that stress structural oppression and argues that law-enforcers’ agency could illuminate discussions among historians and other scholars about the relationship between formal and informal law alongside the rise of the modern criminological state. The historical importance of enforcers is accentuated in the story told in each section—the shifting demographics of enforcement during Reconstruction; the inequalities of policing alongside lynching in the last decades of the nineteenth century; the complex interplay between policing and segregation statutes, colorblind criminal law, and mob violence in the Jim Crow South; the concurrent modernization of racialized policing nationwide; and the displacement of informal mob law and formal racial caste by a national regime of extralegal police violence, unequal patterns of incarceration and execution, and federal protections of civil liberties and civil rights.

Religious Liberty Sacralized: The Persistence of Christian Dissenting Tradition and the Cincinnati Bible War

In 1869, the Cincinnati school board ended a forty-year tradition of Bible reading in the schools in an attempt to encourage Catholics to use them, thus provoking national controversy and a lawsuit brought by pro-Bible advocates. Scholars regularly cite the Ohio Supreme Court decision in favor of the school board as a landmark in the legal separation of church and state. This article interrogates the meaning of the secularization of law by examining expressions of juristic, pedagogic, and popular consciousness in the multiple levels and spaces where individuals raised and resolved constitutional questions on education. Dissenting Christian tradition shaped the legal brief of Stanley Matthews, the school board's lead attorney. Matthews' sacralized the religious liberty guarantee found in the Ohio Constitution within a post-millennialist framework. Ohio Chief Justice John Welch hybridized Christian dissenting tradition with deistic rationalism in <u>Board of Education v. Minor, et al</u>, thus appealing to as broad a constituency as had the right to elect justices to the Ohio Supreme Court. The limited, technical ruling allowed for a metropole/periphery divide in educational practice, so that Bible reading and prayer in Ohio public schools continued well into the 20th century. Far from a landmark in secularization of the law, the Bible War case demonstrates the persistent power of religion to frame law, including the law of religious liberty.

The Portable Coup: The Jurisprudence of ‘Revolution’ in Uganda and Nigeria

In the years after independence, former British colonies in eastern and southern Africa struggled to fill the ranks of their judiciaries with African judges. Beginning in the mid-1960s, states including Uganda, Tanzania, and Botswana solved this problem by retaining judges from the Caribbean and West Africa, especially Nigeria. In this same period, a wave of coups brought many independent states under the rule of their militaries (or authoritarian civilian regimes). Foreign judges who had been appointed in the name of pan-African cooperation were tasked with interpreting the laws that soldiers imposed, and assessing the legitimacy of regimes born of coups. The decisions they rendered usually accommodated authoritarianism, but they could also be turned against it. To understand how colonial law and postcolonial solidarities shaped Africa's military dictatorships, this article focuses on one judge, Sir Egbert Udo Udoma of Nigeria, who served as Uganda's first African chief justice and was an influential member of the Nigerian Supreme Court. Udoma and other judges like him traversed the continent in the name of African cooperation, making a new body of jurisprudence as they did so. Their rulings were portable, and they came to underpin military rule in many states, both in Africa and in the wider Commonwealth.

Extraterritoriality and Legal Belonging in the Nineteenth-Century Mediterranean

This article examines the intersection between extraterritoriality--privileges afforded to European subjects in the Islamic Mediterranean--and various forms of state membership. To capture the multiplicity and instability of state membership, I introduce the phrase “legal belonging”--a neutral, umbrella term that encompasses a wide range of bonds between individuals and states (usually referred to as subjecthood, nationality, or citizenship). Adopting the methods of global legal history, I look at how laws regulating legal belonging responded to the extraterritorial context of the Mediterranean in both European and Middle Eastern states. In so doing, I offer an alternative to the centrifugal narrative of modernization, which presumes that modern citizenship was invented in Europe and then exported to the Islamic world. Instead, I contend that the evolution of legal belonging on both sides of the Mediterranean developed in response to the challenges and opportunities presented by extraterritoriality. The article consists of two cases studies: first, I look at the regulation of legal belonging in Tunisia, the Ottoman Empire, and Morocco, arguing that this legislation responded to the challenges posed by extraterritoriality. Second, I examine the influence of extraterritorial regimes on the nationality of Algerians under French colonial rule.

A “Practically American” Canadian Woman Confronts a United States Citizen-Only Hiring Law: Katharine Short and the California Alien Teachers Controversy of 1915

In February 1915, non-citizen teachers throughout California abruptly learned that they would soon lose their jobs when state officials announced that local and county governments were required to enforce a long-forgotten anti-alien public employment law. In response, one Canadian immigrant teacher, Katharine Short, launched a diplomatic, legal, political, and public relations campaign against the policy. Earning the support of powerful (Anglo-)Canadian nationalists in wartime and a favorable depiction in California news coverage as a “practically American” Canadian woman, Short’s efforts culminated in an exemption for most immigrant teachers from the state’s nativist public employment policies. This article recovers, recounts, and contextualizes the California Alien Teachers Controversy of 1915 at the center of transformations in the political development, law, and politics of American citizenship and citizenship rights from the late-nineteenth to mid-twentieth centuries. It testifies to the growing power and powers of state governments to shape immigrants' lives and livelihoods via alienage law long into the mid-twentieth century, the rhetorical strength and courtroom limits of “right to contract” arguments in the context of anti-alien hiring and licensure disputes, and the disparate impact of these nativist laws on immigrants owing to inequalities of race, gender, and class and how those inequalities shaped the less-than-inclusive aims and strategies of Katharine Short in her campaign to alter the state's nativist public employment policies.

Voting Trusts and Antitrust: Rethinking the Role of Shareholder Litigation in Public Regulation, from the 1880s to the 1930s

Scholars have long recognized that the states’ authority to charter corporations bolstered their antitrust powers in ways that were not available to the federal government. Our paper contributes to this literature by focusing attention on the relevance for competition policy of lawsuits brought by minority shareholders against their own companies, especially lawsuits challenging voting trusts. Historically judges had been reluctant to intervene in corporations’ internal affairs and had been wary of the potential for opportunism in shareholders’ derivative suits. By the end of the nineteenth century, however, they had begun to revise their views and see shareholders as useful allies in the struggle against monopoly. Although the balance between judges’ suspicion of and support for shareholders’ activism shifted back and forth over time, in the end the lawsuits provoked state legislatures to strengthen antitrust policy by making devices like voting trusts unsuitable for purposes of economic concentration.